Written Answers Nos. 787-802
787. Deputy Mary Lou McDonald asked the Minister for Justice further to the final terms of reference for the scoping exercise into the death of a person (details supplied), the reason she and her officials refused to provide a judge with the independent review mechanism report. [35723/23]
View answer788. Deputy Mary Lou McDonald asked the Minister for Justice if, further to the final terms of reference of the scoping exercise into the death of a person (details supplied), a judge requested the independent review mechanism report as required to fulfil the obligations of their appointment. [35724/23]
View answer791. Deputy Mary Lou McDonald asked the Minister for Justice if she will provide the terms of reference for the independent review mechanism's review into the death of a person (details supplied); and if the terms of reference were provided to a person to enable them to fulfil the obligations of their appointment to conduct a scoping exercise. [35730/23]
View answerI propose to take Questions Nos. 787, 788 and 791 together.
The Independent Review Mechanism (IRM) was established in 2014 to consider allegations of Garda misconduct, or inadequacies in the investigation of such allegations, which have been made to the Minister or the Taoiseach, with a view to determining to what extent and in what manner further action may be required in each case. The IRM considered 320 cases.
Matters related to the Independent Review Mechanism are set out in detail in the final report published on the Department's website on 3rd of July. Specifically, Judge Haughton concludes in his final report that the IRM was intended as an internal process to provide legal advice to the Minister and was never intended as an investigation into the circumstances of Shane O’Farrell’s death.
The Scoping Exercise considered comprehensively all of the matters arising including the concerns and complaints raised with Judge Haughton regarding the Independent Review Mechanism.
789. Deputy Mary Lou McDonald asked the Minister for Justice if, further to the final terms of reference for the scoping exercise into the death of a person (details supplied), a judge was provided with the Garda Síochána Ombudsman Commission statutory section 101 report. [35725/23]
View answer790. Deputy Mary Lou McDonald asked the Minister for Justice if, further to the final terms of reference of the scoping exercise into the death of a person (details supplied), a judge requested the Garda Síochána Ombudsman Commission statutory section 101 report as required to fulfil the obligations of their appointment. [35726/23]
View answer823. Deputy Mary Lou McDonald asked the Minister for Justice if she is aware that the scoping exercise into the death of a person (details supplied), recently published on her Department’s website and completed by a judge on appointment by her, omits information regarding the Judicial Review taken by An Garda Síochána and that the outcome of this action was a decision by the Garda Commissioner not to discipline the gardaí for the wrongful actions raised by earlier GSOC reports regarding the person’s death on the basis that there was no evidence that the gardaí concerned were trained on the PULSE system to prepare cases for court or outcomes of same. [35984/23]
View answer824. Deputy Mary Lou McDonald asked the Minister for Justice if she is aware that the scoping exercise into the death of a person (details supplied), recently published on her Department’s website and completed by a judge on appointment by her, omits the information that the perpetrator’s successful appeal to a 16 February 2011 drug conviction due to deficiencies in the State’s case despite the perpetrator having breached bail conditions by further arrests and leaving the State in the intervening period; and if she will make a statement on the matter. [35985/23]
View answer825. Deputy Mary Lou McDonald asked the Minister for Justice if she is aware that the scoping exercise into the death of a person (details supplied) recently published on her Department's website and completed by a judge appointed by her, describes speeding convictions as trivial, if she agrees with this position; and if she will make a statement on the matter. [35987/23]
View answerI propose to take Questions Nos. 789, 790 and 823 to 825, inclusive, together.
As the Deputy is aware, on the 3rd of July the Department of Justice published the report of Judge Gerard Haughton arising from the scoping exercise into the circumstances surrounding the tragic and untimely death of Shane O’Farrell, aged 23 in August 2011.
Judge Haughton was appointed by Minister Flanagan in 2019 to carry out a scoping exercise in light of the public controversy surrounding the circumstances of Shane's tragic death. Specifically, the purpose of the exercise was to advise the Minister as to whether any further investigation or inquiry beyond those already carried out was necessary and, if so, to advise on the form of such investigation or inquiry and its terms of reference.
Judge Haughton's diligent work has resulted in a thorough and comprehensive 416 page report. Judge Haughton was independent in the conduct of the scoping exercise. I am satisfied that all relevant matters are set out in detail in the published report including those raised by the Deputy.
In his report, Judge Haughton has concluded that there are no circumstances surrounding the death of Mr O’Farrell which warrant further investigation or inquiry beyond those already carried out; and further that no inquiry is necessary into the systems and procedures for the sharing of information between An Garda Síochána, the Courts Service and other relevant State bodies operating at the time of Shane O'Farrell's death.
The work of Judge Haughton has concluded with the publication of the report. I encourage all those interested in the circumstances of the tragic death of Shane O'Farrell to take the time to read and reflect on the contents of Judge Haughton's detailed report, his conclusions and the recommendations he makes.
792. Deputy Mary Lou McDonald asked the Minister for Justice if, further to the many failures of An Garda Síochána, the judiciary, the Coroner's Office, the Courts Service and her own Department identified by a judge (details supplied) throughout the report of their scoping exercise into the death of a person, she will now establish an independent inquiry into the person's death as previously directed by the Members of Dáil and Seanad Éireann. [35731/23]
View answerJudge Haughton was appointed by Minister Flanagan in 2019 to carry out a Scoping Exercise in light of the public controversy surrounding the circumstances of Shane O'Farrell tragic death. Specifically, the purpose of the Exercise was to advise the Minister as to whether any further investigation or inquiry beyond those already carried out was necessary and, if so, to advise on the form of such investigation or inquiry and its terms of reference.
In his report, which I published on 3rd of July last, Judge Haughton has concluded that there are no circumstances surrounding the death of Mr O’Farrell which warrant further investigation or inquiry beyond those already carried out. He further concludes that no inquiry is necessary into the systems and procedures for the sharing of information between An Garda Síochána, the Courts Service and other relevant State bodies operating at the time of Shane O'Farrell's death.
Judge Haughton makes a number of important recommendations regarding bail and suspended sentences legislation, amendments to the Road Traffic Act, and in relation to notices of appeals administered by the Courts Service. I am informed that many of these recommendations are being progressed and as they are implemented will strengthen our system of justice.
793. Deputy Mary Lou McDonald asked the Minister for Justice to provide the dates on which a person (details supplied) met, exchanged emails or telephone calls with her officials from the date of appointment to conduct the scoping exercise into the death of a person to publication of the final report on the 3 July 2023. [35733/23]
View answer794. Deputy Mary Lou McDonald asked the Minister for Justice to provide the dates on which a person (details supplied) met, exchanged emails or telephone calls with her or former Ministers from the date of appointment to conduct the scoping exercise into the death of a person to publication of the final report on the 3 July 2023. [35734/23]
View answerI propose to take Questions Nos. 793 and 794 together.
As the Deputy will be aware, the eminent person to whom she refers, Judge Haughton, was appointed by my predecessor to conduct a Scoping Exercise into the circumstances of the tragic death of Shane O'Farrell. As such, he was completely independent and free to reach any conclusions and to make any recommendations he deemed appropriate based on the material at his disposal. The report which I have recently published concluded that no further inquiry or investigation was warranted or necessary.
I have had no personal contact with Judge Haughton. Officials in my Department responded, as required, to the Judge in relation to matters relating to my Department which are dealt with in his report and separately officials were in occasional contact in support of administrative matters concerning the Scoping Exercise. These contacts were over the extended period from 2019 to 2023 and I regret that extracting and collating details of the dates would require a disproportionate use of resources.
796. Deputy Mary Lou McDonald asked the Minister for Justice the reason she or her officials did not inform a family (details supplied) that a judge was formerly a member of the Courts Service Board on their appointment to undertake the scoping exercise; and the dates on which the judge was a member of the Courts Service Board; and if she will make a statement on the matter. [35743/23]
View answerAs the Deputy is aware retired District Court Judge Gerard Haughton was appointed by Minister Flanagan to conduct the Scoping Exercise into the tragic circumstances surrounding the death of the late Shane O'Farrell.
It is a matter of public record that Judge Haughton was the District Court Judges’ elected representative on the Courts Service Board. I am informed that he served in this role from 2009 until his retirement in February 2019.
I understand that Judge Haughton personally brought this matter to the attention of the family referred to on 13 February 2021.
797. Deputy Mark Ward asked the Minister for Justice the plans that are in place to address the long waiting list for persons in prison to access addiction services; and if she will make a statement on the matter. [35748/23]
View answerThe Irish Prison Service provides a health care service for people with addictions in a structured, safe and professional basis in line with international best practice. The Prison Service continues to be committed to, and involved with, the National Drugs Strategy in partnership with community colleagues and organisations.
I can advise the Deputy that the Irish Prison Service engages Merchants Quay Ireland (MQI) to provide a prison-based addiction counselling service across the entire Irish Prison Service estate with the exception of Arbour Hill Prison where there is currently no clinical need for such a service. The addiction counselling service includes structured assessments and evidence-based counselling interventions, with clearly defined treatment plans and goals.
The MQI service provides a range of counselling and intervention skills related to substance misuse and dependency. These skills include, motivational interviewing and enhancement therapy, a twelve step facilitation programme, cognitive behavioural therapy and harm reduction approaches. Prisoners are offered one to one counselling and group work interventions. The service also responds to prisoners in crisis, providing brief emergency interventions when required.
In the larger prisons the average waiting period can be up to twelve weeks. However, the Irish Prison Service and MQI always prioritise those that are in greatest clinical need. If there are concerns raised following a medical assessment a individual is prioritised and will be seen as soon as possible. In addition, where waiting lists are high and facilities are available, MQI offers group counselling as an alternative to one-to-one to give access to as many people as possible. MQI also operate a phone-line which is available between 9am and 5pm Monday to Friday. Prisoners can access counsellors over the phone as necessary and can also make appointments and follow up on issues of concern. This phone line receives an average of 106 calls per week. Furthermore those who are closer to release are prioritised and MQI will identify available services in the community in order that there is continuity of care.
MQI work closely as part of a multi-disciplinary team to manage the waiting list and MQI team leaders review caseloads with each counsellor monthly to ensure that cases are closing appropriately.
Finally, the Irish Prison Service in consultation with MQI have committed to actively seeking to increase the number of prison-based counselling staff in the coming years.
798. Deputy Gino Kenny asked the Minister for Justice how many residential properties seized by CAB are still under remit of CAB due to the property being sold by CAB or issued to a local authority by CAB. [35773/23]
View answerThe Criminal Assets Bureau (CAB) is a multi-agency statutory body established under the Criminal Assets Bureau Act 1996. The Bureau’s remit is to target a person's assets, wherever situated, which derive, or are suspected to derive, directly or indirectly, from criminal conduct. Since its inception, the Bureau has been at the forefront of fighting organised crime in this jurisdiction and disrupting the activities of criminal gangs by depriving them of ill-gotten assets.
The Bureau has staff drawn from An Garda Síochána, the Office of the Revenue Commissioners (including Customs), the Department of Social Protection and my Department.
I am advised that all monies seized by CAB are remitted to the Central Fund of the Exchequer after the appropriate statutory time frame under the Proceeds of Crime Acts (currently seven years must elapse from date of seizure to remittance to the Exchequer). Therefore, assets (including property) seized in a given year are not remitted to the Exchequer in that year.
I am given to understand that the Deputy is seeking the number of properties that CAB have seized under the Acts and that remain unsold. As outlined above, property seized by the Bureau may only be sold once a disposal is authorised by a Court order under the Proceeds of Crime Acts and a 'power of sale' is granted to the Bureau.
I have been advised by the Bureau that currently there are 28 properties under CAB's remit where a 'power of sale' exists and the properties have not, as of yet, sold. I am further advised that 6 of these 28 properties are 'sale agreed'.
For the Deputy's information, 2 additional properties that were under the Bureau's remit have been sold in recent weeks.
799. Deputy Gino Kenny asked the Minister for Justice how many years a residential property seized by CAB is left vacant; and his views on whether property seized for more than two years should be given to the local authority. [35774/23]
View answerThe Criminal Assets Bureau (CAB) is a multi-agency statutory body established under the Criminal Assets Bureau Act 1996. The Bureau’s remit is to target a person's assets, wherever situated, which derive, or are suspected to derive, directly or indirectly, from criminal conduct. Since its inception, the Bureau has been at the forefront of fighting organised crime in this jurisdiction and disrupting the activities of criminal gangs by depriving them of ill-gotten assets.
The Bureau has staff drawn from An Garda Síochána, the Office of the Revenue Commissioners (including Customs), the Department of Social Protection and my Department.
I am advised that all monies seized by CAB are remitted to the Central Fund of the Exchequer after the appropriate statutory time frame under the Proceeds of Crime Acts 1996 to 2016 (currently seven years must elapse from date of seizure to remittance to the Exchequer). Therefore, assets (including property) seized in a given year are not remitted to the Exchequer in that year.
Additionally, the Proceeds of Crime Acts do not provide a fixed length of time in which a property is to remain unoccupied, however, this can be adversely affected by a number of factors including;
• appeals in the court process;
• the terms of the order appointing a receiver;
• lack of interest of people in the property arising from its condition or former owners.
The Bureau has advised that the order appointing the receiver will usually require the property to be sold on the open market. However, in the event that the terms provide discretion to the receiver/CAB in the sale, the Local Authority and/or the Land Development Agency will be given first refusal.
Separately the Deputy may be aware of the Community Safety Innovation Fund, which I established in April 2021 allows proceeds of crime to be directed into community projects to support community safety. The fund was allocated €2 million under Budget 2022.
The funding was increased to €3 million for 2023, with the call for applications to the 2023 fund closing in May. Applications for the 2023 fund are currently being considered by officials in my Department and I look forward to seeing the projects that will emerge from this new round of funding.
The Community Safety Innovation Fund reflects the successes of An Garda Síochána and the Criminal Assets Bureau in identifying and seizing the ill-gotten gains of criminals. Equally, people across Ireland are working tirelessly in their communities to prevent crime from taking hold and make their local areas safer. The Fund seeks to recognise both objectives.
800. Deputy James Lawless asked the Minister for Justice to clarify a matter (details supplied); and if she will make a statement on the matter. [35775/23]
View answerThe Human Trafficking Investigation and Co-ordination Unit (HTICU) within An Garda Síochána operates to combat human trafficking.
The unit engages in wide consultation with a number of bodies and agencies including Customs, the Health Service Executive (HSE), the National Employment Rights Authority (NERA), Workplace Relations Commission (WRC), International Protection Office and International Protection Accommodation Services (IPAS) and with NGOs such as Ruhama, the Migrant Rights Centre of Ireland (MRCI), the Immigrant Council of Ireland (ICI), the International Organisation of Migration (IOM), the Revenue Commissioners and the Department of Social Welfare amongst others. The unit also works closely with other relevant units in An Garda Síochána including with the Organised Prostitution Investigation Unit (OPIU) and with the Anti Human Trafficking Unit (AHTU) within GNIB.
The HTICU's work includes -
- Investigating human trafficking cases: The primary role of the unit is to investigate cases of human trafficking, including both sex trafficking and labor trafficking. This involves gathering evidence, conducting interviews, and working to dismantle trafficking networks
- Coordination with other agencies: Human trafficking often involves complex criminal networks that operate across borders and jurisdictions. The unit collaborates with other law enforcement agencies, both nationally and internationally, to share intelligence and resources
- Surveillance and undercover operations: Human trafficking investigations may require surveillance and undercover operations to gather evidence and build strong cases against traffickers
- Training for law enforcement: Providing organisational training to members of AGS,
- Collecting and analysing data: The unit collects and analyzes data related to human trafficking trends, helping to identify patterns and hotspots for trafficking activities
- Working with NGOs and Victim Support Services: Collaborating with non-governmental organizations (NGOs) and victim support services to ensure that victims receive the necessary support and assistance
- Prosecution and legal support: The unit works closely with the DPP to build strong cases against traffickers and provide legal support throughout the prosecution process
- International cooperation: Human trafficking is often a transnational crime, and the unit may work with international partners and organisations to address cross-border trafficking issues
The role of the HTICU unit also includes -
- National responsibility for policy development, the co-ordination and implementation of policing methods and the management and co-ordination of investigations within the unit and with divisions throughout the country
- Joint Investigation Team (JIT)
- Joint Agency Task Force (JATF)
- Joint PSNI Operations
- Days of Action Related to the European Multidisciplinary Platform Against Criminal Threats (EMPACT)
- Providing advice, support and, where necessary, operational assistance to investigations undertaken at District level
- Working in partnership with the Organised Prostitution Investigation Unit (OPIU) in the investigation of trafficking in human beings for the purposes of sexual exploitation
- Delivery of training and awareness to An Garda Síochána on all aspects of trafficking in human beings.
The unit strength of HTICU is;
1 Detective Superintendent,
2 Detective Sergeant,
11 Detective Gardaí,
1 Executive Officer,
2 Clerical Officers.
The Deputy may also be interested to know that the Organised Prostitution Investigation Unit (OPIU) has a national remit in respect of Organised Prostitution and similarity engages in wide consultation with a number of agencies, bodies and NGOs and has a specific focus on sexual exploitation with regards to Human Trafficking.
The unit strength of OPIU is:
1 Detective Sergeant,
4 Detective Gardaí.
801. Deputy Paul Donnelly asked the Minister for Justice the number of gardaí, by rank, attached to each divisional criminal assets profiling unit, in tabular form. [35791/23]
View answerThe Criminal Assets Bureau (CAB) is a multi-agency statutory body established under the Criminal Assets Bureau Act 1996. The Bureau’s remit is to target a person's assets, wherever situated, which derive, or are suspected to derive, directly or indirectly, from criminal conduct. Since its inception, the Bureau has been at the forefront of fighting organised crime in this jurisdiction and disrupting the activities of criminal gangs by depriving them of ill-gotten assets.
The Bureau has staff drawn from An Garda Síochána, the Office of the Revenue Commissioners (including Customs), the Department of Social Protection and my Department.
I can confirm to the Deputy that there are no division criminal assets profiling units. Rather, Divisional Asset Profilers are trained by the Criminal Assets Bureau, and tasked with continuously providing a criminal asset profiling service in each Garda Division. These profilers are the eyes and ears of the Bureau, as they cover every Garda Division, and have first-hand knowledge of criminality in their geographic locations. The Divisional Asset Profiler Network provides the Bureau with an increased reach to all areas throughout the country.
The below table, provided by the Bureau, shows the number of Asset Profilers by rank attached to each Division/Unit as of 18 July 2023. This information is operational and subject to change. To note, the table below provides information based on the proposed Operating Model, some Divisional figures have been combined though those Divisions have not, as yet, amalgamated.
|
Division |
Profilers Trained- Total |
Profilers of Sergeant Rank |
Profilers of Garda Rank |
|
Donegal/Sligo/Leitrim |
24 |
3 |
21 |
|
Mayo/Roscommon/Longford |
30 |
11 |
19 |
|
Galway |
12 |
3 |
9 |
|
Clare/Tipperary |
21 |
4 |
17 |
|
Limerick |
24 |
19 |
5 |
|
Kerry |
10 |
2 |
8 |
|
Cork City |
17 |
5 |
12 |
|
Cork West/Cork North |
22 |
3 |
19 |
|
Waterford/Kilkenny/Carlow |
26 |
4 |
22 |
|
Wexford/Wicklow |
23 |
18 |
5 |
|
Kildare/Laois/Offaly |
27 |
5 |
22 |
|
Meath/Westmeath |
27 |
4 |
23 |
|
Cavan/Monaghan |
18 |
6 |
12 |
|
DMR Crime Tasking Unit (CTU) |
6 |
5 |
1 |
|
DMR East |
20 |
3 |
17 |
|
DMR North |
26 |
5 |
21 |
|
DMR North Central |
26 |
10 |
16 |
|
DMR Roads Policing |
2 |
1 |
1 |
|
DMR South |
31 |
5 |
26 |
|
DMR South Central |
16 |
2 |
14 |
|
DMR West |
36 |
11 |
25 |
|
Department of Social Protection* |
11 |
1 |
10 |
|
Governance & Accountability( G&A) |
1 |
1 |
0 |
|
Garda National Bureau of Criminal Investigation (GNBCI) |
14 |
5 |
9 |
|
Garda National Crime & Security Intelligence Service (GNCSIS) |
14 |
2 |
12 |
|
Garda National Drugs and Organised Crime Bureau (GNDOCB) |
16 |
1 |
15 |
|
Garda National Economic Crime Bureau (GNECB) |
15 |
3 |
12 |
|
Garda National Immigration Bureau (GNIB) |
7 |
3 |
4 |
|
Garda National Protective Services Bureau (GNPSB) |
6 |
1 |
5 |
|
Special Detective Unit (SDU) |
9 |
1 |
8 |
|
Total |
537 |
147 |
390 |
*Garda members seconded to Department of Social Protection
802. Deputy Paul Donnelly asked the Minister for Justice the number of stinger courses held for gardaí within the DMR division in 2022 and to-date in 2023, in tabular form; and the duration of this course. [35792/23]
View answerAs the Deputy is aware, the Garda Commissioner is responsible, by law, for the management and administration of An Garda Síochána, including the recruitment and training of Garda members and staff. As Minister I play no role in the training of Garda members, or in arrangements for such training.
I am informed by the Garda authorities that the allocation of training courses takes place on a divisional basis with Garda members selected by local management. I am also informed that a total of 49 stinger training courses were held for members within the DMR for the years in question, which includes 19 courses in 2022 and 30 courses in 2023, up to 16 June.
I am advised that the stinger course is currently one full day which includes both classroom and practical based learning.
